Stomach and Gastric Cancer Malpractice Claims

How Stomach Cancer Is Diagnosed

Stomach cancer diagnosis involves recognizing symptoms, endoscopy, imaging, and pathology:

• Recognizing symptoms: Early symptoms include indigestion, heartburn, nausea, loss of appetite, early satiety (feeling full after eating small amounts), and abdominal discomfort. More advanced symptoms include weight loss, abdominal pain, vomiting (sometimes with blood), difficulty swallowing, and jaundice (if the cancer blocks the bile duct). The standard of care requires that persistent or worsening symptoms prompt evaluation, particularly in patients with risk factors (H. pylori infection, smoking, family history, certain ethnicities).
• Upper endoscopy (EGD): The gold standard for stomach cancer diagnosis. A gastroenterologist inserts a thin, flexible scope through the mouth into the stomach to directly visualize the stomach lining. If a suspicious area is found, the gastroenterologist can take biopsies during the same procedure.
• CT scan: Used to evaluate the extent of disease and detect spread to lymph nodes or other organs. [Link to: /radiology-errors/ct-scan-negligence]
• Endoscopic ultrasound (EUS): Used to determine the depth of tumor invasion into the stomach wall and whether nearby lymph nodes are involved.
• Biopsy and pathology: The definitive diagnosis is made through pathology examination of tissue removed during endoscopy. The pathologist determines the type of cancer (adenocarcinoma is most common), the grade, and the depth of invasion. [Link to: /medical-malpractice/pathology-errors]
• Blood tests: Complete blood count (to detect anemia), and sometimes tumor markers (CEA, CA 19-9).

Common Ways Stomach Cancer Is Misdiagnosed

Stomach cancer misdiagnosis can occur at multiple points:

• Attributing symptoms to a less serious condition: Indigestion, heartburn, and nausea are attributed to GERD, gastritis, or ulcers without performing endoscopy. This is the most common -- and most dangerous -- form of misdiagnosis.
• Failure to perform endoscopy: When a patient presents with persistent or worsening upper GI symptoms, the standard of care may require upper endoscopy to visualize the stomach. Failure to perform endoscopy can delay detection of stomach cancer.
• Failure to biopsy: A suspicious area is seen on endoscopy but the gastroenterologist fails to biopsy it.
• Pathology errors: The pathologist misinterprets the biopsy tissue -- missing cancer (false negative) or misclassifying the type, grade, or depth of invasion. [Link to: /medical-malpractice/pathology-errors]
• Misreading imaging: The radiologist misses a stomach tumor on CT or fails to detect spread to lymph nodes or other organs. [Link to: /radiology-errors/ct-scan-negligence]
• Failure to communicate or follow up: Abnormal endoscopy, pathology, or imaging results are not communicated or followed up. [Link to: /radiology-errors/communication-failures]
• Failure to evaluate anemia: Iron deficiency anemia in a man or post-menopausal woman should prompt evaluation for GI bleeding, including endoscopy. Failure to evaluate anemia may delay diagnosis.

The Impact of Delayed Stomach Cancer Diagnosis

The impact of a delayed stomach cancer diagnosis can be devastating:

• Stage progression: A cancer that could have been diagnosed at a localized stage (5-year survival: 75%) may progress to distant metastasis (5-year survival: 7%). [Link to: /misdiagnosis/stage-migration]
• More aggressive treatment: Later-stage cancer requires more aggressive treatment -- gastrectomy (partial or total removal of the stomach), chemotherapy, and potentially targeted therapy.
• Spread to lymph nodes and distant organs: Stomach cancer can spread to lymph nodes, liver, lungs, and peritoneum.
• Need for gastrectomy: Advanced stomach cancer may require total gastrectomy (removal of the entire stomach), which has significant quality-of-life implications.
• Reduced survival: The most devastating consequence. A patient who could have been cured may face a terminal diagnosis. [Link to: /wrongful-death-lawyer]

When Misdiagnosis Constitutes Medical Malpractice

Stomach cancer misdiagnosis constitutes medical malpractice in New York when a healthcare provider deviated from the accepted standard of care and that deviation caused harm:

• The provider attributed upper GI symptoms to GERD, gastritis, or ulcers without performing endoscopy.
• The provider failed to perform endoscopy when symptoms warranted it.
• The gastroenterologist failed to biopsy a suspicious area seen on endoscopy.
• The pathologist misinterpreted the biopsy tissue. [Link to: /medical-malpractice/pathology-errors]
• The radiologist misread the CT, missing a stomach tumor or spread. [Link to: /radiology-errors/ct-scan-negligence]
• The provider failed to communicate or follow up on abnormal results. [Link to: /radiology-errors/communication-failures]
• The provider failed to evaluate iron deficiency anemia.
• The deviation caused harm -- the cancer progressed to a more advanced stage. [Link to: /delayed-diagnosis-lawyer/loss-of-chance]

Proving Your Stomach Cancer Misdiagnosis Case

To prove a stomach cancer misdiagnosis case, we:

• Obtain medical records: Including gastroenterology records, endoscopy reports, pathology reports, imaging, and oncology records. [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]
• Obtain pathology slides: We obtain the actual pathology slides for independent review. [Link to: /medical-malpractice/pathology-errors]
• Obtain actual images: We obtain the actual CT images (not just the reports) for independent expert review.
• Engage expert review: We work with board-certified gastroenterologists, radiologists, pathologists, and oncologists.
• Establish the standard of care: We determine what the standard of care requires for stomach cancer diagnosis.
• Establish causation: We prove that the misdiagnosis caused harm. [Link to: /delayed-diagnosis-lawyer/loss-of-chance]

Lavern's Law and Your Deadline to File

Stomach cancer misdiagnosis cases in New York are subject to Lavern's Law:

• You have 2.5 years from the date you discovered (or should have discovered) the misdiagnosis to file a lawsuit.
• There is an absolute outer limit of 7 years from the date of the negligent act. [Link to: /misdiagnosis/laverns-law]
• If the misdiagnosis caused death, a wrongful death claim must be filed within 2 years of the date of death. [Link to: /wrongful-death/statute-of-limitations]

Compensation Available

A successful stomach cancer misdiagnosis claim can provide compensation for:

• Medical expenses: Including past and future gastrectomy, chemotherapy, targeted therapy, and medications
• Lost wages and lost earning capacity: For time missed from work and reduced ability to work
• Pain and suffering: NY has no cap on non-economic damages
• Reduced life expectancy: For the loss of years of life due to delayed diagnosis
• Wrongful death damages: If the misdiagnosis caused death [Link to: /wrongful-death/settlements]

Frequently Asked Questions

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.